[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6554-6555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2033]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1254
[NARA-10-0005]
RIN 3095-AB69
Appeal Authority When Researcher Privileges Are Revoked
AGENCY: National Archives and Records Administration.
ACTION: Direct final rule.
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SUMMARY: The National Archives and Records Administration (NARA) is
changing the appeal authority for researchers whose privileges have
been revoked for specific behaviors, from the Archivist of the United
States to the Deputy Archivist of the United States. This change will
align the appeal authority for researchers whose research privileges
have been revoked with the appeal authority for individuals who have
been banned from NARA facilities
[[Page 6555]]
for prohibited activities. Researchers maintain the same rights of
appeal.
DATES: This rule is effective March 9, 2011 without further action,
unless adverse comment is received by March 9, 2011. If adverse comment
is received, NARA will publish a timely withdrawal of the rule in the
Federal Register, and publish a notice of proposed rulemaking.
ADDRESSES: NARA invites interested persons to submit comments on this
direct final rule. Comments may be submitted by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: Submit comments by facsimile transmission to 301-837-
0319.
Mail: Send comments to Regulations Comments Desk (NPOL),
Room 4100, Policy and Planning Staff, National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
Hand Delivery or Courier: Deliver comments to 8601 Adelphi
Road, College Park, MD.
FOR FURTHER INFORMATION CONTACT: Stuart Culy on (301) 837-0970.
SUPPLEMENTARY INFORMATION: NARA is authorized to revoke researchers'
privileges under certain circumstances by following the procedures
outlined in 36 CFR part 1254. The privileges may be revoked for the
following behaviors: Refusing to follow the rules and regulations of a
NARA facility; acting or speaking in a way that may be dangerous to
documents held by NARA or NARA property; acting or speaking in a way
that may be dangerous to other researchers, NARA or contractor
employees, or volunteers; or verbally or physically harassing or
annoying other researchers, NARA or contractor employees, or
volunteers. This change will align the appeal authority for researchers
whose research privileges have been revoked with the appeal authority
for individuals who have been banned from NARA facilities for the
following prohibited activities on NARA properties: Carrying or using
guns or weapons, using or in possession of alcohol or illegal drugs;
gambling; soliciting; stealing NARA property; willfully damaging or
destroying NARA property; creating any hazard to persons or things;
throwing anything from or at a NARA building; improperly disposing of
rubbish; acting in a disorderly fashion; acting in a manner that
creates a loud or unusual noise or a nuisance; acting in a manner that
unreasonably obstructs the usual use of NARA facilities; acting in a
manner that otherwise impedes or disrupts the performance of official
duties by Government and contract employees; acting in a manner that
prevents the general public from obtaining NARA-provided services in a
timely manner; loitering; or threatening directly (e.g., in-person
communications or physical gestures) or indirectly (e.g., via regular
mail, electronic mail, or phone) any NARA employee, visitor, volunteer,
contractor, other building occupants, or property, which is the Deputy
Archivist of the United States. Researchers maintain the same rights of
appeal.
Revocation actions are taken by staff at the NARA facility where an
infraction takes place. In turn, researchers have the right to appeal
the revocation to a higher authority than the local NARA facility
director; a process which is also described in 36 CFR part 1254. The
current appeal authority is the Archivist of the United States, yet the
appeal authority for the more severe penalty of banning individuals
from NARA facilities under 36 CFR part 1280, is the Deputy Archivist of
the United States. This direct final rule will only change the appeal
authority for researchers whose privileges have been revoked, from the
Archivist of the United States to the Deputy Archivist of the United
States, aligning the two disciplinary appeal processes. Researchers
retain their full right to appeal revocation decisions.
NARA believes that a Notice of Proposed Rule Making is not
necessary for ``good cause'' as permitted by the Administrative
Procedures Act (5 U.S.C. 553(b)(B)) as this rule is a nomenclature
change only, and there are no changes to the public's right to appeal
revocation decisions.
This direct final rule is not a significant regulatory action for
the purposes of Executive Order 12866. As required by the Regulatory
Flexibility Act, it is hereby certified that this direct final rule
will not have a significant impact on small entities.
List of Subjects in 36 CFR Part 1254
Archives and records.
For the reasons set forth in the preamble, NARA amends part 1254 of
title 36, Code of Federal Regulations, as follows:
PART 1254--USING RECORDS AND DONATED HISTORICAL MATERIALS
0
1. The authority citation for part 1254 continues to read as follows:
Authority: 44 U.S.C. 2101-2118.
Sec. 1254.50 [Amended]
0
2. In Sec. 1254.50, remove the word ``Archivist'' and add, in its
place, the words ``Deputy Archivist'' wherever it appears in the
section.
Sec. 1254.52 [Amended]
0
3. In Sec. 1254.52, remove the word ``Archivist'' and add, in its
place, the words ``Deputy Archivist'' wherever it appears in the
section.
Dated: January 25, 2011.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2011-2033 Filed 2-4-11; 8:45 am]
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